MAKE YOURSELF FOUNDATION 

INCUBUS TOUR, FUNDRAISING CHALLENGE Terms & Conditions 

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NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THE TOUR GIVE BACK FUNDRAISING CHALLENGE (THE “CHALLENGE”) OR QUALIFY FOR A THANK-YOU REWARD. 

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OVERVIEW: The Challenge invites fans of Incubus to join the band in helping to support the Make Yourself Foundation (the “Foundation”) and Conscious Alliance raise funds to help put food into the hands of children and families that need it most. Participants are invited to create their own volunteer fundraising programs for the Foundation at www.classy.org/myf. Thank-you rewards will be available for the most successful volunteer fundraisers, on both a local and national basis, as set forth in more detail below. 

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ELIGIBILITY: The Challenge is open to legal residents of the 48 continental United States and District of Columbia who are 18 years of age or older. Employees and directors of the Foundation and Conscious Alliance may participate as volunteer fundraisers but are not eligible to receive thank-you rewards. Void in Alaska, Hawaii, and where prohibited. All applicable federal, state and local laws apply. By participating, you agree to be bound by these Terms & Conditions (“Terms”). 

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TIMING: The Challenge will begin on September 12, 2019 at 12:00:01 a.m. ET, and end on November 28, 2019 at 11:59:59 p.m. ET. (“Challenge Period”). The individual city-level phase of Challenge will end in each tour city at 11:59:59 p.m. ET Five (5) days prior to the scheduled Incubus concert date in that city listed on each team page at https://give.classy.org/myf and also at https://bit.ly/2kx4t1k . The top fundraiser and runner-up in each city-level event will be contacted four (4) days prior to the scheduled Incubus concert date for that city. The top overall national volunteer fundraiser will be determined as of November 28, 2019 at 11:59:59 p.m. ET. 

 

HOW TO PARTICIPATE: During the Challenge Period, visit www.Classy.com/myf, and follow the on-screen instructions to create your own volunteer fundraising campaign to support the Foundation. Each volunteer campaign must be associated with a participating city from the Incubus fall 2019 tour, all as listed on the Web Site (not all concert cities will participate to offer a local campaign thank-you reward). Separate thank-you rewards are available to the top two volunteer fundraiser in each of the participating cities listed on the Web Site, as well as one overall reward for the top nationwide volunteer fundraiser, subject to these Terms, including meeting the minimum performance thresholds set forth below.

 

IMPORTANT: You may contribute to your own volunteer campaign (or the campaigns of other participants), but contributions by participants do not count toward earning thank-you rewards, either in the participant’s own volunteer campaign, or anyone else’s volunteer campaign. Funds raised in each city will be donated to local food banks and shelters in that city/region, identified by Conscious Alliance.

 

QUALIFYING FOR THANK-YOU REWARDS: To qualify for a thank-you reward, you must be one of the two top volunteer fundraisers in the city-level program you have chosen, or the top volunteer fundraiser overall. In addition, to qualify for a city-level reward, your volunteer campaign must raise at least Two Hundred Fifty Dollars ($250), and for the overall thank-you reward at least One Thousand Five Hundred Dollars ($1,500), in all cases excluding contributions from yourself or any other volunteer fundraiser participating in the Challenge. In the event of a tie, the volunteer raising the tied amount earlier will receive the reward; the Foundation’s database computer is the official timekeeping device for the Challenge. In the case of a donor making monthly donations via your campaign, only the amounts actually donated and received during the Challenge Period will count. Page 2 of 4 ADMIN 35790134v1 

 

THANK-YOU REWARDS: The following thank-you rewards are available. City Level Thank-you reward for top qualifying volunteer fundraiser, if any, in each participating city: 

● Meet & greet with the band (with a guest) at the Incubus concert in that city as listed on the Web Site for the Fall 2019 tour. 

● Best seats in the house, right on stage! 

● Personalized memorabilia 

● Autograph card 

● MYF laminate 

● MYF exclusive merch item 

● Note: travel not included 

● Total approximate value $1,000. 

 

Thank-you reward for second-highest qualifying volunteer fundraiser, if any: 

● Meet & Greet with the band (with a guest) at the Incubus concert in that city as listed on the Web Site for the Fall 2019 tour. 

● Autograph card 

● MYF laminate 

● MYF exclusive merch item 

● Note: travel not included 

● Total approximate value: $ 350 

 

National Level (Overall TOP Fundraiser)

Thank-you reward for top qualifying national volunteer fundraiser, if any: 

● Airfare for two to Charlotte, NC for the Incubus concert in that city on December 5, 2019. 

● Hotel accommodations 

● Best seats in the house, right on stage!  

● Meet & greet with the band on show day 

● Personalized memorabilia 

● Autograph card 

● MYF laminate 

● MYF exclusive merch item 

● Customized setlist with band artwork 

● Private backstage tour 

● Merch package 

● Total approximate value $ 3,000 

 

Local city thank-you rewards do not include travel. If no volunteer meets the qualification criteria in a given city (or on the national level) for a particular thank-you reward, no such reward will be given. The following provisions apply to the National Level Thank-You Reward: roundtrip coach air transportation is between major airport nearest winner’s home in the continental U.S. and Charlotte, NC; 1-night hotel accommodations (double occupancy), plus the items listed above; recipient and guest must travel on dates specified by the Foundation, and on the same itinerary. All expenses not expressly stated as being included in the thank-you reward trip package description are the responsibility of the recipient, as are the duty to possess all IDs or other documents necessary for travel. Major credit card will be required at hotel check-in to cover any incidental expenses. If travel companion (or recipient) is deemed a minor under the laws of his/her state of residence, a parent or legal guardian must sign any required documents and must accompany the minor for the trip. Page 3 of 4 ADMIN 35790134v1 

 

Ground transportation will be substituted for air transportation at the Foundation’s sole discretion if air travel is not required due to winner’s proximity to Charlotte, NC. All travel dates and accommodations are subject to availability. Actual value of national thank-you reward may vary depending on departure city; any difference between announced value and actual value will not be awarded. All dates are subject to change. No responsibility is assumed for cancellation of any concert or other events beyond the Foundation’s control; if a concert is cancelled after travel has been booked, the remainder of the trip may be awarded as the complete prize. General Thank-you reward Conditions: Thank-you rewards are non-transferable and no substitution is allowed. Foundation reserves the right to substitute thank-you rewards of equal or greater value in the Foundation’s sole discretion in the event any advertised thank-you reward becomes unavailable. Recipients are responsible for all taxes due as a result of receipt of a thank-you reward. 

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VALIDATION: Potential recipients of thank-you rewards will be notified by telephone, mail and/or email using the contact information supplied at time of creating their campaigns. Notification is scheduled to occur within approximately 4 days prior to the scheduled Incubus Fall 2019 concert date for each city-level challenge, and on or about November 29, 2019 for the national level reward. Potential recipients may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. Participation in the constitutes thank-you reward winner’s agreement to sign such documents. Thank-you reward may be awarded to alternate recipient, time permitting, if any requested document is not returned within 48 hours after initial notification is sent to winner, or if thank-you reward notification or thank-you reward is returned as undeliverable or not responded to within 24 hours. 

The Foundation reserves the right to conduct a background check to confirm any potential reward-recipient’s eligibility and compliance with these Terms. By participating in the Challenge, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification. If a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of the Foundation, the potential recipient may be disqualified and the reward may be given to an alternate recipient, time permitting. Any inappropriate behavior at any concert events may result in removal from the premises. 

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RELEASE OF LIABILITY: By participating, you release the Foundation, Incubus, and each of their respective subsidiaries, affiliates, partners, trustees, members, employees, directors, and agents, including advertising agencies ("Released Entities"), from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Challenge and/or the acceptance, awarding, receipt, use and/or misuse of the thank-you reward, and you agree that Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Challenge and/or the awarding of any thank-you reward, except as expressly set forth in these Terms; you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Challenge, or any thank-you rewards awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Challenge, but in no event attorney's fees; (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (iv) any dispute will be governed by California law without regard to principles of conflicts of laws, will be heard in the state or federal courts located in California, and you hereby consent and waive any objection to the jurisdiction of such courts. 

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ADDITIONAL RULES: By participating in this Challenge, you irrevocably grant to Foundation and its agents and persons acting with Foundation’s authority, the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify your photo submission in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Page 4 of 4 ADMIN 35790134v1 

 

Challenge materials/data that have been tampered with or altered are void. No responsibility is assumed for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible submissions, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Challenge materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Challenge information by Foundation on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Challenge. 

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By participating, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of the judges, which are final and binding in all matters relating to the Challenge. Failure to comply with these official rules may result in disqualification from the Challenge. Foundation reserves the right to: (i) permanently disqualify from any Challenge it Foundations any person it believes has intentionally violated these official rules; and (ii) suspend, modify or terminate the Challenge if Foundation believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Challenge. 

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LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CHALLENGE WEB SITE OR INTERFERE WITH THE OPERATION OF THE CHALLENGE, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

DATA COLLECTION/PRIVACY: Foundation and its agencies (campaign partner: Conscious Alliance) collect personal information from you when you participate in the Challenge. The information collected is subject to the Foundation’s Privacy Policy at http://docs.wixstatic.com/ugd/3ebade_a48d59817a584b19811ae463fdf27963.pdf